Firestone Auto Supply Stores v. Fitch

Lackawanna County Court of Common Pleas

Firestone Auto Supply Stores v. Fitch

46 Pa. D. & C. 185, 1942 Pa. Dist. & Cnty. Dec. LEXIS 333

CourtPennsylvania Court of Common Pleas, Lackawanna County

DecidedOctober 21, 1942

Docketno. 217

StatusPublished

This text of 46 Pa. D. & C. 185 (Firestone Auto Supply Stores v. Fitch) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Firestone Auto Supply Stores v. Fitch, 46 Pa. D. & C. 185, 1942 Pa. Dist. & Cnty. Dec. LEXIS 333 (Pa. Super. Ct. 1942).

Pincite

Opinion

Leach, P. J.,

—The record shows that defendant took an appeal first and certiorari thereafter on the same day. The exceptions state that the appeal was duly filed to this court.

- A party cannot have an appeal from the judgment of a justice and certiorari at the same time, and he will be held, as a rule, to the proceeding first taken: Philadelphia v. Kendrick, 1 Brewst. 406; Mills v. Rice, 1 Schuyl. Leg. Rec. 126; Russell v. Shirk, 3 Pa. C. C. 287.

[186]*186Now, October 21, 1942, exceptions dismissed and judgment so far as the certiorari is concerned in favor of plaintiff. This is without prejudice to the right of defendant to pursue his appeal.

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Leach, P. J.,

—The record shows that defendant took an appeal first and certiorari thereafter on the same day. The exceptions state that the appeal was duly filed to this court.

- A party cannot have an appeal from the judgment of a justice and certiorari at the same time, and he will be held, as a rule, to the proceeding first taken: Philadelphia v. Kendrick, 1 Brewst. 406; Mills v. Rice, 1 Schuyl. Leg. Rec. 126; Russell v. Shirk, 3 Pa. C. C. 287.

[186]*186Now, October 21, 1942, exceptions dismissed and judgment so far as the certiorari is concerned in favor of plaintiff. This is without prejudice to the right of defendant to pursue his appeal.

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Bluebook (online)

46 Pa. D. & C. 185, 1942 Pa. Dist. & Cnty. Dec. LEXIS 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/firestone-auto-supply-stores-v-fitch-pactcompllackaw-1942.